Scott Brinton

The ‘affluenza’ defense: what a load of . . .

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Ethan Couch was 16 years old when he crammed seven friends into his father’s Ford F-350 pickup truck and drove drunk at 70 miles per hour on the 40-mph Burleson-Retta Road in Texas on June 15, 2013, according to published reports.

Couch lost control of the vehicle, and it slammed into a disabled SUV on the side of the road, killing four people –– the woman who was driving the SUV, a youth minister who had come to her aid, and two others –– and injuring nine. Reportedly, Couch had been caught on video stealing beer from a convenience store earlier in the day, and he registered a blood alcohol content of .24 –– three times the legal limit — hours after his arrest. On top of it all, he had Valium in his system.

Prosecutors wanted a 20-year prison sentence. Instead, in December 2013, Judge Jean Hudson Boyd gave Couch 10 years’ probation, with mandatory counseling at an in-patient facility. The nation was outraged by his light sentence. Witnesses said he appeared remorseless at his trial.

His defense team argued that he suffered from “affluenza,” meaning that he was born into wealth and raised with a sense of privilege, with no moral compass. His father, Fred, owns a sheet-metal business. His parents divorced, and they reportedly showered him with material possessions while excusing his juvenile delinquency. His defense argued that he couldn’t understand the difference between right and wrong at the time of the crash. Ergo, he was not responsible for his actions.

The argument, most would agree, is preposterous. Still, Boyd bought it, telegraphing a dangerous message to America’s really rich teens: Do what you will. Your sense of entitlement will protect you.

Then Couch’s case, as all cases eventually do, disappeared from the media’s glare. It recently reappeared because he was dumb enough, or arrogant enough, or both, to be videotaped at a party at which teens were drinking heavily. One partier is seen crashing into a table during a game of beer pong.

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